Appellate Division: Second Judicial Department

M271090

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2020-01614 Ashley Scronic, respondent, v Michael Scronic, appellant. (Index No. 67957/17)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the scheduling orders of this Court dated May 26, 2020, in the above-entitled case are recalled and vacated, and the decision and order on motion of this Court dated May 6, 2020, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted for the prior decision and order on motion:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated January 13, 2020, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that, pursuant to Judiciary Law § 35, the appellant is granted leave to proceed as a poor person on the appeal concerning issues involving visitation between the appellant and the subject child, and the following named attorney is assigned as counsel to prosecute the appeal with respect to those issues:

Andrew W. Szczesniak

222 Mamaroneck Avenue, Suite 104

White Plains, NY 10605

914-682-9282

and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, assigned counsel is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][I]); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9), with respect to issues concerning visitation between the appellant and the subject child; in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the appellant's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when assigned counsel serves a brief upon those parties; and it is further,

ORDERED that assigned counsel shall prosecute the appeal concerning issues involving visitation between the appellant and the subject child in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the Supreme Court, Westchester County; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court